Criminal Procedure Code, 1973, Section 439 -- Bail - Involvement of petitioner in other cases is not by itself a ground to reject bail application - Grant of bail has to be considered on the facts and circumstances of the present case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 34 -- Bail - Attempt to murder - Petitioner is involved in 12 other cases - However, involvement of petitioner in other cases is not by itself a ground to reject bail application and question of grant of bail to petitioner has to be considered on facts and circumstances of the case -..........
Criminal Procedure Code, 1973, Section 201, 401 -- Complaint - Returned for presentation to proper Court - In a revision filed against such order there is no necessity to give proposed accused person any opportunity of hearing, as this situation is not covered u/s 401(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 143, 430, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(S), 3(2)(va) -- Anticipatory bail - Offence u/ss 323, 341, 143, 430 IPC and Ss.3(1)(S), 3(2)(va) of SC/ST Act - No averments in FIR that offence in question was committed considering..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201 -- Bail - Murder - Decomposed dead body was recovered from canal which was not proved to be of deceased - Sample of burnt bone sent to FSL returned for lack of testing facility - However, there is deliberate omission by police to send sample of burnt bone to FSL where testing..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 148, 149 -- Anticipatory bail - Cannot be granted to an accused who is absconding...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 48 kgs Ganja - Specific recovery has been attributed to all three accused of 16 kgs of Ganja Patti each - Accused are in custody since Aug 2020 - No recovery is to be made - Individual recovery is of non-commercial quantity - Conclusion of..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Liability to pay maintenance u/s 125 Cr.P.C is in the nature of continuing liability - Accordingly, in case of a default in complying with an order passed u/s 125(1) for payment of maintenance or for any breach thereof, invocation of exercise of power u/s 125(3) Cr.P.C by Magistrate cannot..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance in a petition filed u/s 125 Cr.P.C. - Interim maintenance is subject to final adjudication of main petition and it is only provisional maintenance which is subject to final determination to be made on conclusion of the proceedings - Petition to quash order granting interim maintenance, dismissed...........
